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lt:bendros_salygos
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lt:bendros_salygos [2021/12/13 09:31] ignas [8. ATSAKOMYBĖ. RIBOJIMAS / LIABILITY. LIMITATION] |
lt:bendros_salygos [2021/12/13 09:34] ignas [5. ŠALIŲ PATVIRTINIMAI / CONFIRMATIONS OF THE PARTIES] |
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| DIRECTO undertakes, subject to the terms and conditions of the Agreement, to provide the Client with the right to use the System, and the Client shall have the right to use the System and shall pay the License fee to DIRECTO for the right to use the System. This Agreement is a license agreement, i.e. it only grants the Client the right to use the System during the validity of the Agreement and for the scope purchased by the Client. | DIRECTO undertakes, subject to the terms and conditions of the Agreement, to provide the Client with the right to use the System, and the Client shall have the right to use the System and shall pay the License fee to DIRECTO for the right to use the System. This Agreement is a license agreement, i.e. it only grants the Client the right to use the System during the validity of the Agreement and for the scope purchased by the Client. | ||
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| 2.2. | 2.2. | ||
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| This Agreement grants the Client the right to use the System software code developed by DIRECTO, which is installed on a server of DIRECTO's choice and accessible to the Client through the User Account. | This Agreement grants the Client the right to use the System software code developed by DIRECTO, which is installed on a server of DIRECTO's choice and accessible to the Client through the User Account. | ||
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| 3.2. | 3.2. | ||
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| The Client shall use the System to the extent as it is set out in the Licence plan purchased. The use of the System also includes server support and maintenance, 24/7 User access to the System using the HTTPS protocol, data copying and storage, DIRECTO support services. | The Client shall use the System to the extent as it is set out in the Licence plan purchased. The use of the System also includes server support and maintenance, 24/7 User access to the System using the HTTPS protocol, data copying and storage, DIRECTO support services. | ||
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| 3.3. | 3.3. | ||
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| The System is accessible and can be used only through the User Account. The User Account is accessed by entering the correct Login data. | The System is accessible and can be used only through the User Account. The User Account is accessed by entering the correct Login data. | ||
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| 3.4. | 3.4. | ||
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| The first User of the Client in the User Account is created by DIRECTO. Subsequent Users may be created by the Client’s authorized Users on behalf of the Client. | The first User of the Client in the User Account is created by DIRECTO. Subsequent Users may be created by the Client’s authorized Users on behalf of the Client. | ||
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| 3.5. | 3.5. | ||
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| The number of Users that can use the System at any one time is determined by the number of Concurrent Users purchased by the Client. | The number of Users that can use the System at any one time is determined by the number of Concurrent Users purchased by the Client. | ||
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| 3.6. | 3.6. | ||
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| Login details: | Login details: | ||
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| 3.6.1. | 3.6.1. | ||
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| Login data must be created by each User individually. DIRECTO will not provide any Login details except for: i) in the case provided for in section 3.4, the Login details of the first User; ii) if the User loses his/her Login data, DIRECTO will provide temporary Login data, which the User is obliged to change immediately after successful login to the User Account. | Login data must be created by each User individually. DIRECTO will not provide any Login details except for: i) in the case provided for in section 3.4, the Login details of the first User; ii) if the User loses his/her Login data, DIRECTO will provide temporary Login data, which the User is obliged to change immediately after successful login to the User Account. | ||
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| 3.6.2. | 3.6.2. | ||
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| When accessing the User Account, Users are required to use their Login data. Login data shall be confidential and may not be used by several persons. DIRECTO assumes no liability for any loss or damage resulting from the loss or misuse of the Login data. | When accessing the User Account, Users are required to use their Login data. Login data shall be confidential and may not be used by several persons. DIRECTO assumes no liability for any loss or damage resulting from the loss or misuse of the Login data. | ||
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| 3.7. | 3.7. | ||
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| All Intellectual property is owned by DIRECTO and is not transferred to the Client under the Agreement. Regardless of the License fee paid, the Client shall not acquire any rights to the System, System software code, other Intellectual property or any of their components. | All Intellectual property is owned by DIRECTO and is not transferred to the Client under the Agreement. Regardless of the License fee paid, the Client shall not acquire any rights to the System, System software code, other Intellectual property or any of their components. | ||
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| 4.2. | 4.2. | ||
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| In all cases, the Client is prohibited from: | In all cases, the Client is prohibited from: | ||
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| 4.2.1. | 4.2.1. | ||
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| Copying, modifying, selling, or otherwise disclosing System software code or other Intellectual property; | Copying, modifying, selling, or otherwise disclosing System software code or other Intellectual property; | ||
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| 4.2.2. | 4.2.2. | ||
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| Accessing System module structure, including but not limited to, primary HTML, ASP, JavaScript, SQL and VBScript texts; | Accessing System module structure, including but not limited to, primary HTML, ASP, JavaScript, SQL and VBScript texts; | ||
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| 4.2.3. | 4.2.3. | ||
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| Providing third parties with access to the System’s software code; | Providing third parties with access to the System’s software code; | ||
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| 4.2.4. | 4.2.4. | ||
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| Using the System in breach of the provisions of clause 3.7 of the Agreement; | Using the System in breach of the provisions of clause 3.7 of the Agreement; | ||
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| 4.2.5. | 4.2.5. | ||
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| Granting access to the System (e.g., //“user”// rights or other access to non-Client employees) or, regardless of the form of fault, create conditions to get such access for any third party who is not a User (p. 1.15). | Granting access to the System (e.g., //“user”// rights or other access to non-Client employees) or, regardless of the form of fault, create conditions to get such access for any third party who is not a User (p. 1.15). | ||
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| 4.3. | 4.3. | ||
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| {| style="" | {| style="" | ||
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| - | **5.1.** | + | 5.1. |
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| Klientui yra išaiškinta, jam suprantama ir jis aiškiai sutinka su tuo, kad: | Klientui yra išaiškinta, jam suprantama ir jis aiškiai sutinka su tuo, kad: | ||
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| It is explained to the Client, understood and explicitly agreed that: | It is explained to the Client, understood and explicitly agreed that: | ||
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| 5.1.1. | 5.1.1. | ||
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| The Client uses the System at its own risk. The System is a software-based business tool. The Client is fully responsible for all and any data uploaded, input, processed by the System. The Client is also fully responsible for any and all results that are obtained by the System on the basis of such Client data. | The Client uses the System at its own risk. The System is a software-based business tool. The Client is fully responsible for all and any data uploaded, input, processed by the System. The Client is also fully responsible for any and all results that are obtained by the System on the basis of such Client data. | ||
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| 5.1.2. | 5.1.2. | ||
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| The System is available to the Client //as is// and //as available//. This includes, but is not limited to: i) the Client is granted the right to use the System to the extent provided for in the License plan purchased by the Client; ii) the System has the following modules and module functionality (including functions, algorithms, possible parameters and settings, etc.) that DIRECTO has programmed at the time the Client uses the System (an example list of System modules is available on the DIRECTO website: [[https://directo.lt/moduliai]]; iii) although the System is programmed according to best practices, the System is not specifically tailored to the Client’s business or individual business needs, e.g. may not have specific functions required for the Client’s business, etc. Any adaptation of the System to the Client’s specific business needs, including but not limited to functions not programmed in existing System modules, may be performed by providing Additional services (Part 4 of the Special Terms) according to a separate order of the Client, which would be performed in accordance with the terms agreed by the Parties; iv) System failure is not considered to be a situation where the System does not have functionality specific to the Client’s business or individual business needs. | The System is available to the Client //as is// and //as available//. This includes, but is not limited to: i) the Client is granted the right to use the System to the extent provided for in the License plan purchased by the Client; ii) the System has the following modules and module functionality (including functions, algorithms, possible parameters and settings, etc.) that DIRECTO has programmed at the time the Client uses the System (an example list of System modules is available on the DIRECTO website: [[https://directo.lt/moduliai]]; iii) although the System is programmed according to best practices, the System is not specifically tailored to the Client’s business or individual business needs, e.g. may not have specific functions required for the Client’s business, etc. Any adaptation of the System to the Client’s specific business needs, including but not limited to functions not programmed in existing System modules, may be performed by providing Additional services (Part 4 of the Special Terms) according to a separate order of the Client, which would be performed in accordance with the terms agreed by the Parties; iv) System failure is not considered to be a situation where the System does not have functionality specific to the Client’s business or individual business needs. | ||
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| 5.1.3. | 5.1.3. | ||
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| Linija 492: | Linija 492: | ||
| DIRECTO makes no warranty that: i) the System is specifically tailored to the Client's business or individual business needs and, as a result, the System will meet all of the Client's expectations in every possible respect; ii) access to the System will be uninterrupted, the System will operate exclusively without errors at all times and that all errors in the System can be corrected and will be corrected; iii) in the User manual, there are answers only to the most common questions of use of the System, therefore DIRECTO does not guarantee that the User manual contains all the answers to questions that may arise for the Client/User while using the System; similarly, DIRECTO does not guarantee that all information provided in the User manual is relevant and does not need to be updated; iv) the results obtained through the System will be accurate and reliable in all possible respects; v) the System works and is compatible with all and any hardware/computer and/or software. | DIRECTO makes no warranty that: i) the System is specifically tailored to the Client's business or individual business needs and, as a result, the System will meet all of the Client's expectations in every possible respect; ii) access to the System will be uninterrupted, the System will operate exclusively without errors at all times and that all errors in the System can be corrected and will be corrected; iii) in the User manual, there are answers only to the most common questions of use of the System, therefore DIRECTO does not guarantee that the User manual contains all the answers to questions that may arise for the Client/User while using the System; similarly, DIRECTO does not guarantee that all information provided in the User manual is relevant and does not need to be updated; iv) the results obtained through the System will be accurate and reliable in all possible respects; v) the System works and is compatible with all and any hardware/computer and/or software. | ||
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| 5.1.4. | 5.1.4. | ||
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| All and any data in the System shall be used by the Client at the Client's sole risk. The Client will be fully responsible for any and all loss/damage that such data causes to the Client's computer systems or data. | All and any data in the System shall be used by the Client at the Client's sole risk. The Client will be fully responsible for any and all loss/damage that such data causes to the Client's computer systems or data. | ||
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| 5.1.5. | 5.1.5. | ||
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